Trying to figure out if cannabidiol (CBD) is legal? This can be difficult because there is no easy-to-read resource with all the information necessary to make an informed decision.
So we had our experts and legal team bring all this information together in one place so you have convenient access to it 24/7.
Is CBD legal?
It seems as though lots of people are wondering, “Is CBD legal?” Our official legal opinion is that industrial hemp is non-psychoactive and not included in Schedule I of the Controlled Substances Act. Industrial hemp is legal to import, sell, and consume in the United States.
From the Controlled Substances Act:
“The term ‘marihuana’ means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include [emphasis added] the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.”
Has the DEA outlawed CBD?
On December 14, 2016, the United States Drug Enforcement Administration published a final rule regarding the “Establishment of a New Drug Code for Marijuana Extract.”
It is our belief and the belief of our legal counsel that this new rule affects only DEA-registered entities who previously were required to track such materials. As the document states, “[t]he only direct effect to registrants who handle marihuana extracts will be the requirement to add the new drug code to their registrations.” The rule goes into effect on January 13, 2017.
A message from our legal team:
“In summary, under the CSA, the DEA can regulate foodstuffs and related products containing natural THC if it is contained within “marijuana,” and can regulate synthetic THC of any kind.
But they cannot regulate naturally-occurring THC not contained within or derived from marijuana–i.e., non-psychoactive industrial hemp products–because non-psychoactive industrial hemp is not included in Schedule I, as set forth above. This is because statutes must be interpreted strictly and pursuant to their specific terms, and because the DEA has no authority to regulate drugs that are not scheduled.”
Has the FDA outlawed CBD?
We understand the need for people to know absolutely they are purchasing a product that is 100 percent legal. So, we went out and asked the top law firm in this industry about the FDA’s opinion of CBD. We would like to share with you part of their reply
Lastly, in May 2015, the FDA posted an informal online forum summarily asserting that CBD products are excluded from the definition of a “dietary supplement” under Section 201(ff)(3)(B)(ii) of the FD&C Act, though questions remain whether all of the factors under that section of the FD&C Act have been satisfied. Thereafter, the FDA did not act upon its summary assertion until, on February 9, 2016, the FDA issued several of warning letters to companies marketing dietary supplements which contain CBD oil. Primarily, these letters took issue with disease claims made by each company regarding their respective products. However, in several of these letters, the FDA identified CBD as a non-permissible dietary ingredient allegedly due to a prior New Drug (“IND”) application for CBD under the above-stated section of the FD&C Act.
However, it appears this preclusion of CBD as a “dietary supplement” by the FDA is a premature announcement based on an incomplete analysis. The above-stated section of the FD&C Act requires the FDA’s conclusion can only be reached only if substantial clinical investigations have been both instituted and made public on a subject IND application. Furthermore, there is an exception if it is demonstrated if the substance (CBD) was “marketed as” a dietary supplement or conventional food prior to the authorization of the new drug investigations. First, the FDA has failed to identify with particularity the IND application it references and the “substantial clinical investigations” summarily asserted occurred as a result of such application. Moreover, it is a broadly shared opinion of the CBD marketplace that CBD was in fact marketed as a dietary supplement prior to the subject IND application and the commencement of allegedly related “substantial clinical investigations” and those in the CBD industry have provided substantial evidence and information to the FDA to support this position. Importantly, a number of other dietary supplement ingredients have been subjected to similar scrutiny, yet continue to be marketed as dietary supplements—e.g. red yeast rice, trans-resveratrol, P5P, NAC and DHEA. Resultantly, based on information available to date, the FDA’s asserted exclusion of CBD as a dietary ingredient in dietary supplements does not appear to render a “final decision” of the FDA, as such conclusion has not fully satisfied the appropriate criteria of the FD&C Act.
Is CBD from medical marijuana available in all 50 states?
The answer is NO. CBD derived from medical marijuana is only legal in states that have passed medical marijuana laws.
We have witnessed people sell their homes and move their families across the country to states that have enacted medical marijuana legislation, in places such as California and Colorado, for the sole purpose of being able to legally acquire CBD.
Despite the immense difficulty in picking up your entire family and moving across state lines, this is exactly how far people are willing to go so they can get access to all the benefits of CBD! But with our products, it’s unnecessary! BioCBD+™ is available in all 50 states and 45 countries.
Read on to learn why.
Is CBD from industrial hemp available in all 50 states?
ABSOLUTELY! Cannabidiol (CBD) oil derived from industrial hemp plants is available for purchase in all fifty states. The FDA considers hemp oil products to be dietary supplements, and generally safe for consumption by all people.
If you live in the United States, you can purchase and consume our products. You can transport them across state lines, you can take them through airport checkpoints, and they will not cause a positive drug test of any kind either.
To be compliant with all federal laws, our exclusive variety of hemp is grown organically in the ideal climate for hemp, Scandinavia, without the use of harmful herbicides or pesticides. Our CBD oil is extracted from the finest quality raw hemp available. The raw hemp oil is then tested in the laboratory using state of the art technology. Every batch of CBD oil is studied and tracked to ensure the highest quality. In our lab, this organic CBD rich hemp oil is combined with our proprietary blends of nutraceutical grade Ayurvedic herbs to become all natural, water soluble BioCBD™, through a patented process, Hybrid-Nanoengineering™.
Is CBD from industrial hemp different from CBD from medical marijuana?
NO. CBD from industrial hemp is exactly the same as CBD from medical marijuana! You just don’t have to sell your house and move your family to get it. We have made it much easier!
The reason CBD derived from industrial hemp is available for purchase and CBD from medical marijuana is not, is because CBD oil from industrial hemp has virtually no THC, which is why our products are not intoxicating like marijuana.
We say virtually because the FDA allows hemp oil to have a THC concentration of no higher than 0.3%.
Our products are triple tested, and those tests reveal that our oil and products are far below that threshold, coming in at a 0.001% THC concentration.
Can I buy your products in retails stores?
Finding high quality CBD products can be difficult due to the explosion of cannabidiol’s popularity over the past couple years, and making a decision on which products to buy can lead to frustration due to lack of quality information.
Right now, it’s impossible to walk into your local big box retailer, pharmacy, or nutritional store and purchase CBD products. This will soon be changing! We are currently working with “brick and mortar” retailers, distributors, and third party retailers such as Amazon on ways to bring our life-changing products to your favorite stores. Stay tuned!
For your convenience, all of our products are available on this site for purchase with quick delivery to your door.
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